Legal Opinion

Hawes v. Orr

Court of Appeals of Kentucky

Decided November 20, 1874PublishedCited by 15 opinions

Cases 41-43—PETITION EQUITY— APPEAL PROM CARROLL CIRCUIT COURT. CITED 1 Bush, 443, Wickliffe’s ex’rs v. Breckinridge’s heirs. 3 Dana, 328, Venable v. Beauchamp. 6 Dana, 176, Lee v. Fox. 9 Dana, 234, Thruston v. Masterson. 1 Johns. 573, Murry v. Bolton. 2 Johns. 444, Murry v. Lylburn. 9 Dana, 190, Grider, &c. v. Payne. 2 Dana, 480, Thoms v. Southard. 6 Bush, 632. 7 Wendell. CITED MS. Op., May 22, 1868, Craig, &c. v. Hawes, &c.

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Cases 41-43—PETITION EQUITY— APPEAL PROM CARROLL CIRCUIT COURT. CITED 1 Bush, 443, Wickliffe’s ex’rs v. Breckinridge’s heirs. 3 Dana, 328, Venable v. Beauchamp. 6 Dana, 176, Lee v. Fox. 9 Dana, 234, Thruston v. Masterson. 1 Johns. 573, Murry v. Bolton. 2 Johns. 444, Murry v. Lylburn. 9 Dana, 190, Grider, &c. v. Payne. 2 Dana, 480, Thoms v. Southard. 6 Bush, 632. 7 Wendell. CITED MS. Op., May 22, 1868, Craig, &c. v. Hawes, &c. Hardin, 20, Thomas v. Marshall. 1 Story’s Equity, 186. 2 Marsh. 526, Allin’s heirs v. Hall’s heirs. 4 Mon. 437, Austin’s heirs, &c. v. Bodley. 4 Mon. 450, Majors v.…

1Opinion of the Court

JUDGE COFER

delivered the opinion op the court.

Á suit was commenced in the Gallatin Circuit Court in November, 1825, by one portion of the heirs at law of George Nicholas against another portion of said heirs for the partition of a large tract of land owned by them. In 1838 the county of Carroll was established, and included within its boundary the whole of the land which the heirs of Nicholas sought to partition. In 1839, and before partition had been made, and before a decree for that purpose, three fi. fas. for cost were issued against Nicholas’s heirs and placed in the hands of the sheriff…

2Cases cited5 opinions

  1. Watson v. WilsonCourt of Appeals of Kentucky · 1834
  2. Clarkson v. Morgan's deviseesCourt of Appeals of Kentucky · 1846
  3. Dudley v. Price's AdministratorCourt of Appeals of Kentucky · 1849
  4. Erhman v. KendrickCourt of Appeals of Kentucky · 1858
  5. Stone & Warren v. ConnellyCourt of Appeals of Kentucky · 1859

3Cited by15 opinions

  1. Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
  2. Akers v. StephensonCourt of Appeals of Kentucky (pre-1976) · 1970
  3. Clark County Court v. WarnerCourt of Appeals of Kentucky · 1903
  4. Roberts v. CardwellCourt of Appeals of Kentucky · 1913
  5. Lake Bistenbau Lumber Co. v. MimmsSupreme Court of Louisiana · 1897

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